Wondering if anyone has run into this....

I was hit by a hit and run drunk driver at the end of Feb 2013 and suffered a concussion and MTBI as a result.

It has been a long road from having constant headaches, living in a "fog", not being able to focus, having ST memory issues, to finding a great neuropsych thanks to this board, getting tested and getting help.

I originally was out of work for a week and a half, returned half time, and quickly - within weeks - returned FT and couldn't manage it so on the advice of my neurologist cut back to 4 hours, then increased to 6 where I still am.

I've maintained the 6 hours so that I could get my stride back, feel confident in my ability to do my job, and still get the care I needed with my therapy appts and neuro appts, as my sick time at work is depleted.

My boss has not been 100% supportive. He told me initially when I returned to work that I had "better not make any mistakes". Then one day he told me I was a "liability to his business".

I have worked very, very hard in therapy, told him when I was referred what I was doing (though not in detail) and told him I would keep him apprised of my progress.

Through time and therapy the "fog" has finally lifted, the headaches are gone, I can perform my job with NO mistakes, and even though I am exhausted at the end of the day (I am in financial services so work with lots of highly detailed data), I do a good job.

Yesterday was my last day of Speech Therapy, and my therapist told me she thought I was ready to return to work FT, but to do it gradually. Go from 6 hours a day to 7 for a month, see how I feel, if I feel OK, increase to 8.

I mapped this out on my timesheet to see what the increases looked like, and the Operations Mgr saw it and called me into her office. She told me that she saw I was increasing my hours, and I had better talk to my boss "about my plans" since he was doing the budget.

I see the handwriting on the wall. My boss is VERY, VERY cheap. I get hardly any benefits, and he has grown substantially over the 3 years I have been there but never increased staff until a year ago. He transitioned to a new company which took a huge effort from all of us - especially difficult for me as I had to learn new software, new procedures, etc.

Because his Ops Mgr has been so busy with the transition, he had to have the receptionist help her and was forced to hire a PT temp receptionist to answer the phone and make his appts.

So.... I think what will happen Fri when I speak with him, is he will tell me he "can't afford" for me to return to work FT. He CAN afford it, he is just cheap. Bottom line I can't afford to continue to work 6 hours a day. I was able to get by only because I was getting PIP reimbursement from my car insurance. Trying to make it without that - which is now exhausted - is not going to work.

I have an attorney, who has acquired a small - very small - settlement for me, which basically covers the wages I lost and out of pocket medical costs - that's it. The person who hit me was caught, but had no insurance.

Sorry this is so long. I am wondering if anyone has run into this at work. I am very disappointed that I am being treated this way. I have worked very, very hard to get to this point. My guess is my boss wants to increase the hours of the woman who is helping his OPS mgr, and wants to do it on my back so to speak.

No one covered for me while I was out or during my reduction in hours. I was forced to try and do a FT job in 6 hours - with no mistakes, while recovering. My therapist said that I returned to work too quickly, but I felt I had to to keep my job - no this is how I am rewarded.

Check with your state labor board or commission. He may be violating labor statutes by using your injury and partial disability against you.

Gosh, that sounds awful. I'm so sorry you have to deal with this stress.

First of all, I hope you were officially placed on FMLA when you first had to leave and since you've returned to work.

FMLA is an Act which ensures that people's jobs are protected for 12 weeks of leave, in any increments, for a medical reason.

So, 12 weeks of FMLA breaks down to 480 hours of protection. Count up how many hours of work you've missed since the accident and if it's less than 480 then your job is still protected. Period.

Make sure you separate when you wanted to increase your hours, if they are restricting you then those hours don't count towards the FMLA. Make sense?

It sounds like you should be protected under FMLA and therefore your job should be 100% protected for you to return to at your previous level (40 hours a week) when you are able to.

Your HR department should have informed you that you were under FMLA protection right away after the accident and that an injury caused you to miss work.

If your office doesn't have an HR Dept. then whomever fulfills their function should have told you. If your boss does that then he should know this and if he doesn't he's going to get a very rude awakening.

Make sure you have everything in writing! Get a letter from your Dr. that informs your boss that you are to return to work at 7 hour days until further notice. Make sure you get it in writing that they won't let you increase your hours even though you are able to.

This is a very strong Act and you are protected by it. No judge will tolerate this kind of behavior from a work place.

http://www.dol.gov/whd/fmla/


After you are all better and working full time, I suggest you change employers ASAP. No one deserves such an unsupportive employer.

Thanks, but I have the misfortune, I guess to work for a very small company - 7 people. We have no HR dept, and because we are under 50 employees I am not covered under the FMLA...

Does anyone know if I am protected under ADA?

I think a disability is only considered that when it's permanent and what you are going through sounds like it's temporary since you are improving and will most likely continue to improve.

Quote:

Is an Injured Worker Automatically Covered under the ADA?

No. Whether an injured worker is protected by the ADA will depend on whether the person meets the ADA’s jurisdictional definition of “disability.” Under the ADA, the term “dis*ability” is defined as: (a) a physical or mental impairment that substantially limits a major life activity; (b) a record of such an impair*ment; or (c) being regarded as having such an impairment. In order to be considered “substantially limiting,” the impairment must significantly limit the ability of that person to perform the major life activity in question, as compared to most people in the general popu*lation. Those impairments resulting from occupational injury that are not severe enough to substantially limit a major life activity or are only temporary would therefore not constitute a disability covered by the ADA.

Likewise, just because an individual has a record of filing a workers’ compensation claim does not necessarily mean s/he is covered under the “record” portion of the definition. The record or history of an impairment must be a record of an impairment that substantially limited one or more major life activities.

http://www.hrtips.org/article_1.cfm?b_id=14

Thanks.

As suspected, that was exactly what happened at work. My boss told me that I "could not come back" at 7 hours. I told him I couldn't afford it, and he told me to "cut my expenses". I have. To the bone. That's not the point.

I told him that I had kept him apprised, told him that when I was referred to Speech Therapy it was for 8 weeks and ended Wed - and that I would meet with him and let him know the outcome.

He tried to tell me that he juggled his entire company around me - he didn't. I learned all the new software for his new company he switched to, helped out with the conversion to the new company, did my job in the 6 hours that I was there.

I think he sensed trouble because he started saying that it's because of the new company that my hours are lower, but then he turned around and asked why it was taking so long for a project to be done - because I need more hours, that's why! Plus he's added another person for me to help out, and expects all this to be done as if I was there 8 hours.

I had to see my family attorney Fri night, and he said that this guy is skating on thin ice. He said that there definitely should be some protections for me. My atty. asked if anyone else's hours had been cut due to the new company and I told him no.

I am going to call the state Labor Board tomorrow and see what they say. If they can't help me maybe they can point me in the right direction.

Nice thing to do to someone right before Christmas...

Just some input from reading thru your posts:

- It sounds as though, your employer, even though not all that easy going, has made some accomodations throughout your turmoil;

- knowing State Labor Boards (only from the viewpoint of dealing with the one in my State - Maryland), don't expect much help;

- I know your injury was from an MVA, due to a drunk driver, and he apparently did not have insurance? - is that correct? ;

- Then , why have you not begun Civil Action against said Drunk Driver for all he has in his Bank, future earnings, current holdings, etc. for the problems you have and face in the future? - sure, your insurance PIP may have been used up, but he still holds total responsibility in this problem.

Sorry, but it is his fault, whether or not States have 'no fault' situations in place.......... he should not be allowed to walk away 'scot-free'..... you were the victim.

Well, yes. Allowing me to "buy back" my vacation and sick time was an accommodation. And "allowing" me to not have to return to work full time after my week and 2 days I used was up, yes, that was an accommodation. And allowing me to go to my Neurologist appts 1x/month and therapy appts 1x/week was an accommodation.

Other than that I don't feel that I have been treated all that well. I don't think telling someone that they are a "liability" does much good, nor do I think that telling someone "there had better not be any mistakes - or else" is helpful in restoring confidence to that person.

The person who hit me was driving another person's car, whose insurance we have gone after. The person who hit me does not work, has no assets, and likely not much future earning potential. Same with the person who lent the car.

It would have cost me out of pocket $$ which I did not have for legal fees to go after slim to no assets. Neither of these persons owns a home.

I don't think that it's too much to ask for an employer to allow an employee - who was full time before an accident to return to FT when they are able. And at the very least, if there was some reason the employer was unable to do that, to have a talk with the employee. If there are financial problems at the company why take it out on the injured person? Everyone should have to take reduced hours.

To fight your way through an injury and be able to come back and do your job as you did - FT - and then be told you can't is just wrong.

When it's one employee who is singled out for reduced work hours, that's discriminatory. It's not like some other person was hired PT to cover and it's a case of having to let that person go. The problem is, I have handled an 8 hour a day workload pretty well in 6 hours. Now more and more work is being piled on and I am asked to do it in the same amount of time.

I agree with my atty - this guy is skating on thin ice - par for the course. Rules and regs don't have much impact where I work.

I will try the Labor Board - I have my doubts as well, but it's a start.

My wife was let go by the Federal Bureau of Reclamation when she broke her wrist badly. She required surgery to repair the break and was off for almost 3 weeks. In the mean time, they split up her work duties among the other employees. When she returned, they told her they would not need her past the end of her contract which was supposed to be renewed for another 6 months. Employers can and do respond to injured workers in bad ways. Hopefully, your Labor Board can help.